Permit revoked,
unauthorized to discharge at WPCF;
letter of notification to hauler;
copy of letter to DEQ

Unauthorized to discharge at WPCF
(See Note 11 )

Director

Other Violations

Nature of Violation

Response

Penalty

Personnel

Failure to comply with any other condition or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (no intent)

Notice of Noncompliance

None

Director

Failure to comply with any other condition or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (intent)

Notice of Violation

$200

Director

Notes

Definitions for other definitions see Eugene City Code 6.506):

Director: City of Eugene Wastewater Division Director

SNC: Significant Noncompliance (Eugene City Code 6.576)

WPCF: Eugene/Springfield Water Pollution Control Facility

DEQ: Oregon Department of Environmental Quality

POTW: Publicly Owned Treatment Works

Where used in this guide, a twelve-month period means a moving twelve-month window, including the month for the current violation and the preceding eleven months. The enforcement response for violations of effluent limitations varies according to the past compliance history of the industrial user. The number of months containing violations in the twelve-month window is determined, and the enforcement response and penalty assessed accordingly.

For violations of effluent limitations of greater than three times the limitation, the penalties indicated above will be subject to a multiplier determined as follows:

Multiplier = (analytical result divided by permit limitation), rounded to the next lower whole number. Analytical results between 4 and 9 times the limitation will be subject to a multiplier of two. Analytical results 10 times the limitation or greater will be subject to a multiplier of 3. For example, for a discharge with an effluent limitation of 0.5 mg/L, and an analytical result of 5.1 mg/L, the multiplier is 3. [(5.1 divided by 0.5) = 10.2, which rounded to next lower whole number is 10.]

For violations of effluent limitations where the analytical result is less than or equal to 1.2 times the permitted effluent limitation, or is less than 0.2 pH units above or below a permitted effluent pH range, the City will not assess an administrative penalty for that violation. The violation will, however, be recorded and treated as a permit violation for all other purposes, including the calculation of Significant Noncompliance.

For any series of violations of effluent limitations which meet the definition of Significant Noncompliance, the enforcement response will be the issuance of an Administrative Compliance Order. The penalty assessed will be as listed above, according to the number of months with violations, or as specified in the Order.

Penalties listed for effluent violations are per pollutant per day, and apply to results obtained from City or industrial user monitoring. The City may conduct monitoring as often as necessary to determine compliance. For the purposes of assessing an administrative civil penalty for a violation of effluent limitations, general discharge prohibitions, or specific restricted substance limitations, the term "day" shall have one of the following meanings:

If the violation is determined from data obtained from a grab sample, or a series of grab samples, day means calendar day.

If the violation is determined from data obtained from an automatic pH recording instrument, day means calendar day.

If the violation is determined from data obtained from a composite sample collected by an automatic sampling device, day means the 24-hour period beginning at the time sampling is initiated.

A violation of a monthly average, weekly average, or 4-day average effluent limitation will be considered as one violation for the purpose of calculating the administrative penalty, or other enforcement response.

Penalties listed above (except penalties for Mobile Waste Haulers) will be subject to a flow-based multiplier according to the following:

For any discharger with a total daily wastewater flow greater than 100,000 gallons per day, the administrative penalty listed in the enforcement response guide will be multiplied by (Q x 10), where Q is the daily wastewater flow in million gallons per day (MGD) for the industrial user responsible for the violation. For violations which relate to a separate wastestream (such as an effluent limitation specific to one of several wastestreams), the flow of this wastestream is used in the calculation. For general violations which relate to the facility as a whole (such as entry denial), the wastewater flow from the whole facility is used in the calculation. For example, an industry with a wastewater flow of 550,000 gallons per day, and responsible for a violation for which the administrative penalty from the enforcement response guide is $500, will receive an adjusted administrative penalty of $500 x 0.55 x 10 = $2750.

The value of Q will be calculated as follows:

For violations of a daily effluent limitation, Q = wastewater flow for the day of the violation.

For violations of a weekly effluent limitation, Q = daily average wastewater flow for the week of the violation.

For violations of a monthly effluent limitation, Q = daily average wastewater flow for the month of the violation.

For other violations, Q = daily average wastewater flow for the month of the violation.

If the wastewater flows above are not available, the best available data will be used by the City to estimate the flow.

Other enforcement orders available besides those listed in the guide above include:

Stipulated Enforcement Order;

Cease and Desist Order;

and Termination and Revocation Order.

These orders can be issued separately or in conjunction with any other order in the guide.

In addition to the enforcement response listed above, the matter will be referred for criminal prosecution where deemed appropriate by the Wastewater Division Director. Conviction will result in a fine of not less than $1000 or more than $2500, or 30 days in jail, or both, for each day in which such violation occurs.

A Mobile Waste Hauler Permit may be reinstated when account is made current; only cash, money order, or cashiers check will be accepted for six month period following permit revocation. A $50.00 reconnection fee will be charged.

For industries with more than one regulated wastestream, the escalated response to effluent violations is applied separately. For example, if an industry has three consecutive months of violations at one wastestream and then the following month a violation occurs at a separate wastestream, this would count as the industry's first violation for that wastestream assuming there were no other violations at this location during the past 12 months.

For slug discharges, notification to the POTW shall occur within 60 minutes of the industrial user becoming aware of it.